Whitserve, L.L.C. v Computer Packages, Inc., No. 11-1206 (Fed. Cir. 2012)Annotate this Case
WhitServe, owned by Whitmyer, an inventor and a practicing patent attorney holds four patents, namely: “Onsite Backup for Internet-Based Data Processing,” “System Automating Delivery of Professional Services,” “System for Delivering Professional Services Over the Internet,”; and “Web Site Providing Professional Services.” Whitserve sued CPi, which helps other businesses pay their patent maintenance fees on time, alleging infringement by CPi’s system, which are used by a CPi customer, such as a law firm, to generate and send reminders to its clients of upcoming patent or trademark annuity or maintenance fee deadlines. A jury found that CPi failed to prove any claims invalid, that CPi’s systems infringed the patents, that CPi’s infringement was willful, and that WhitServe was entitled to $8,378,145 in damages. The court denied WhitServe’s request for a permanent injunction and did not address a request for a compulsory license. WhitServe’s requests for enhanced damages and attorneys’ fees, prejudgment interest, prejudgment remedy, and disclosure were denied. The Federal Circuit affirmed the finding of infringement, the finding of no anticipation of most, but not all, claims, and denial of fees and sanctions. The case was remanded for a new trial on damages.